Smoking Ban Ruling Court Ruling Hazy

By: AP
By: AP

The status of the statewide smoking ban is unclear after an Adams County judge declared the law unconstitutional.

County Judge Robert Doyle says the ban is unconstitutional because it allows smoking in cigar bars and didn't give other establishments a way to become cigar bars before the law took effect.

The case stems from a summons issued to an Adams County bar for allegedly violating the smoking ban.

Adams County District Attorney Don Quick plans to appeal the ruling.

Quick says the Colorado Supreme Court may have to weigh in because of this ruling and others.

Last year, a federal judge said the Legislature had the right to decide where smoking could be prohibited.

But a judge in Durango ruled that a bar owner was exempt from the law because he sold enough tobacco products to qualify for an exemption.

Democratic Senator Betty Boyd of Lakewood introduced a bill yesterday to eliminate the cigar bar exemption.

That would leave Denver International Airport's smoking lounges as the only public place in Colorado where smoking is allowed.


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  • by Gregory Location: America, or it used to be on Apr 24, 2007 at 08:52 AM
    If we are going to ban smoking against the wishes of any individual business owner, we should also call for a ban on ANY other fume, odor or toxin that is at least as bad as second hand smoke. This will effectively shut down most manufacturing plants and many restaurants. Here is a short list - Open pit BBQ Fireplaces Incense, Potpourri, candles, and deodorizors Perfumes and deodorants Cleaning agents and degreasers Cooking odors from grills and stoves ...and don't get me started on all the preventable odors and toxins as they relate to outdoor environments. We should focus on bringing sanity back into this issue, and not make laws based on faulty science and hysteria.
  • by samatha knowls on Apr 13, 2007 at 03:54 PM
    Smoking bands should remain in effect.smoking causes ear infections ,broncitis,cancer and other health related problems.I smoke but I smoke out doors .
  • by Lawrence Laxson Location: Colorado Springs on Apr 13, 2007 at 07:17 AM
    I can understand prohibiting smoking in restaurants but I think in bars it should be up to the individual owner.
  • by Curt Location: Security on Apr 12, 2007 at 08:34 PM
    I agree that it is unconstitutional. It takes away freedom of expression. It should be left up to the buisness owners to decide what is allowed in their establishment.
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